Warranty and Defective Work Sample Clauses
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Warranty and Defective Work. Subcontractor warrants that all materials and equipment furnished and incorporated by it in the Project shall be new unless otherwise specified, of clear title, and that all work under this Subcontract Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and in accordance with the Contract Documents. All work not conforming to these requirements, including substitutes not properly approved and authorized, may be considered defective. The warranty contained in this section shall remain in effect for a period from the commencement of the Subcontract Work to a date one year after substantial completion of the Project; provided that, if the General Contract requires the Contractor’s general warranty to be measured from some point after substantial completion of the Project, or if it provides for a longer period of guarantee, then Subcontractor shall be bound to such altered means of measurement or longer period. The warranty contained in this section shall be in addition to and not a limitation of any other warranty or remedies provided by law or by the Contract Documents. If at any time during the warranty period, Contractor or Owner shall discover any aspect of Subcontract Work not in compliance with this warranty (the “Defect”), then written notice shall be provided to Subcontractor of the Defect, and Subcontractor shall, within twenty four hours of receipt of such notice, propose corrective actions to cure, the Defect so as to meet the requirements of this Subcontract, and shall immediately proceed to cure, and shall cause any of its sub- subcontractors or suppliers to cure, the Defect upon written direction from Contractor to proceed. Contractor, in its reasonable judgment, may direct Subcontractor in writing, and Subcontractor agrees to:
(a) Rework, repair, remove, replace and otherwise correct any Defect at a time and in a manner acceptable to Contractor;
(b) Cooperate with others assigned by Contractor to correct such defects and pay Contractor all actual costs reasonably incurred by Contractor in performing or in having performed corrective actions; or
(c) Propose and negotiate in good faith an equitable reduction in the Contract Price in lieu of corrective action. All costs incidental to corrective actions including demolition for access, removal, disassembly, transportation, reinstallation, reconstruction, retesting and reinspections as may be necessary to correct the Defect and to dem...
Warranty and Defective Work